The Terms of Use govern the relationship between the Client and the Company in the area of acquisition of Data by the Client.
The Terms of Use is a document that is a public offer agreement and by accepting it, you agree to its terms and undertake to comply with its provisions.
The Client undertakes to comply with the conditions of the Terms of Use, if the Client does not comply with the conditions of the Terms of Use, then the Company has the right not to provide the Services and not sell the Data to the Client.
Clients acknowledge that the Terms of Use are effective from the moment they access the Site and that they are bound by these Terms of Use.
References to the words "we", "our" or "us" (or equivalent terms) mean the Leadata Company.
References to the words "you" or "your" (or similar words in content) mean our Client, i.e. the person to whom we provide the Services.
Within the framework of these Terms of Use, the Company and Clients are referred to as the "Party" individually and the "Parties" together.
THE FACT OF ACCESS TO AND USE OF THE COMPANY'S SERVICES, IN ANY FORM, INDICATES ACCEPTANCE OF THESE RULES OF USE AND CONSENT TO FOLLOW THEM.
1.DEFINITIONS
1.1. Data - is personal data and any other information relating to the Data Subject.
1.2. Data Subject - is a natural person whose data is located in the Company and which the Company has the right to sell.
1.3. Client - is a natural or legal person who acquires data about a natural person in the Company.
1.4. Consent of the Client (hereinafter referred to as "Consent") - means a voluntary, specific, informed and unambiguous expression of will, in which the Client, using a statement or a clear affirmative action, consent to comply with the terms of the Terms of Use.
1.5. Leadata (hereinafter referred to as the “Company” or “Leadata”) - is registered under the laws of the Canada, registered address: LEADS DATA ENTERPRISE LTD. 120 Newkirk Road, 34, Richmond Hill, Ontario, Canada, L4C9S7, which provides Services to the Client to sell data of individuals.
1.6. Leadata website (hereinafter referred to as the "Site") - means a web page or a group of web pages on the Internet located at: leadata.com, which provides information about the provision of the Services
1.7. Personal Data - is information that relates to an individual Client and with the help of which it can be identified.
1.8. Third Party - means a natural or legal person, public authority, institution, or body other than the Client, the Data Subject.
1.9. Services - are an algorithm of actions that the Company performs for the Client to sell the Data to him.
2.SUBJECT OF TERMS OF USE
2.1. The subject of the Terms of Use is the provision by the Company of Services for the sale of Data and the payment by the Client.
2.2. All data of the Data Subject is transmitted to the Client in digital form using secure methods of data transmission.
2.3. The Company does not transfer Data through public or insecure channels.
2.4. The Client is not required to register to receive the Services.
2.5. Also, the Parties can arrange the purchase and sale of Data on an individual basis, by concluding a separate Agreement.
3. PAYMENT
3.1. The Client pays for the Services based on the cost indicated in the relevant section of the Site.
3.2. The form, method, and currency of payment for the Services are indicated by the Company in the relevant section of the Site and the Client has no right to change these conditions.
3.3. The Company has the right to change the cost, mechanism, form, and currency of payment for the Services at random without notifying the Client.
3.4. The Company does not refund the funds paid for the acquisition of the Data. And also, the Data purchased by the Client cannot be returned for any reason.Notwithstanding the foregoing, Leadata will consider each Client's request for a refund and shall have the right to issue a refund to the Client on its initiative. Leadata carefully analyzes the reasons for the refund and the situation that has arisen. However, Leadata reserves the right, but not the obligation, to return funds to the Client.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Client's rights :
4.1.1. receive the Data in accordance with the conditions of sale specified on the Site;
4.1.2. receive additional information regarding the received Data.
4.2. Client Responsibilities :
4.2.1. the Client must comply with the Terms of Use and other provisions that may be published on the Site from time to time, as well as any applicable laws in all its Data acquisition transactions, and must not act in a way that may interfere with the operation of the Site;
4.2.2. Client must comply with all provisions of the Unsolicited Pornography and Marketing Act of 2003 (“No Spam Act”), General Data Protection Regulation (“GDPR”), California Consumer Privacy Act, and Personal Information Protection and Electronic Documents Act of 2000. (PIPEDA), Privacy Act 1988, Personal Information Protection Law (PIPL), and/or any other applicable law relating to the acquisition of Data;
4.2.3. comply with the security rules during the transfer of the Data to him and not use the Data in illegal ways;
4.2.4. not disclose the Data and ensure the security of such Data;
4.2.5. pay for the sale of the Data, according to the cost indicated on the Site;
4.2.6. comply with the Terms of Use.
4.3. Company rights :
4.3.1. review the materials used by the Client in promotions to ensure that the use of the Data is appropriate and consistent with the permitted use of the Data;
4.3.2. monitor Client's use of Data to ensure that Clients use is in accordance with the authorized use of Data;
4.3.3. unilaterally change, supplement or update these Terms of Use and the Privacy Policy, which is an annex to these Terms of Use, and other conditions that they publish on the Site, at their discretion, as well as reorganize the Site, change its subject matter, volume and content, stop the sale of Data or suspend the operation of the Site without any reason or notice to the Client;
4.3.4. use the Personal Data provided by the Client to create profiles, perform statistical work and conduct their marketing activities;
4.3.5. suspend the Client's use and/or use of the Site temporarily or permanently if the Client does not comply with these Terms of Use and other terms and conditions published on the Site if the Client's actions represent legal, technical, and especially information security risks, or the Client causes damage to individual and commercial rights of Third Parties or the Data Subject;
4.3.6. receive payment for the sale of Data, according to the cost indicated on the Site.
4.4. Company Responsibilities :
4.4.1. provide the Data that the Client acquires;
4.4.2. comply with the terms of the Terms of Use.
5. INTELLECTUAL RIGHTS
5.1. All exclusive intellectual property rights to the Site software, including design elements, text, graphics, illustrations, and other objects, as well as components and their elements, belong exclusively to Leadata.
5.2. The Client is strictly prohibited from copying the information and/or software used in the design of the Site and/or using them not to benefit from the Site: copy, distribute, process, and otherwise use images, texts, images, documents, etc. on the site.
5.3. In addition, the Client is strictly prohibited from (i) taking any action that may interfere with the operation of the software belonging to the Site or the use of the Site by other users (ii) uploading content to the Site to excessively load the Site (iii) taking actions that may compromise the overall security of the Site and/or Data (iv) use or attempt to use software that may interfere with the operation of the Site.
5.4. The Company grants the Client a non-exclusive right to use the Services.
5.5. The Client grants the Company a non-exclusive right to use, copy, process and transfer his Personal Data.
5.6. The Client guarantees that the Personal data and information provided by him do not violate the intellectual property rights of a Third Party.
5.7. If the Personal Data provided by the Client violates the intellectual property rights of a Third Party or is unreliable, the Company reserves the right to stop providing the Services and refuse the relationship between them.
6. RESPONSIBILITY
6.1. By signing these Terms of Use, the Client fully releases the Company from liability for any unauthorized use of the Data.
6.2. The Client is solely responsible for compliance with the legislation referred to in clause 4.1.2. of the Terms of Use, including, but not limited to, laws relating to telemarketing, email, facsimile marketing, Client acquisition, data protection, and privacy about the use of Data
6.3. The Client bears any legal, administrative and criminal liability about the use of the Data.
6.4. The Company is not responsible, directly or indirectly, for damage that may be incurred by Third Parties and/or the Data Subject as a result of the Client's actions carried out using the Data and/or violation of the Rules of Use or any applicable law.
6.5. Any claims that may be filed by Third Parties and/or the Data Subject and losses that may arise from the use of the Data by the Client or the Client's failure to fulfill its obligations specified in these Terms of Use are subject to appeal to the Client.
6.6. The Company shall not be liable in any way for issues related to transaction interruption, deletion or loss of data, transaction or communication delay, as well as computer viruses, communication error, theft, destruction or unauthorized access to records, alteration or use of a record, which may arise in as a result of a breach of these Terms, tort, omission or any other cause.
6.7. The Client acknowledges and represents that links to websites and/or platforms, files, or content that are not controlled by the Company may be provided through the Site, Third Party services may be offered, and that such links are not considered to be provided, to support the Site or as an undertaking or guarantee of anything concerning the Site or its contents. The Company is not responsible or liable for such platforms, websites, files and content, services, or goods.
6.8. The data must in no way be used to offer services that compete with the Services offered by the Company or in any other way that may compete with the Site.
6.9. The Client agrees and accepts that the sale of the Data is final and non-refundable.
6.10. The Company is not responsible for the acquisition by the Client of Data for the sale of which the Data Subject does not provide his Consent.
6.11. Leadata is not responsible for any losses that the Client may incur as a result of the use of his Personal Data by a Third Party without his knowledge.
6.12. The Client may not use the Services for commercial purposes. You may not sell, resell, license, sublicense, transfer or distribute the Services to Third Parties without the Company's prior express permission.
6.13. The Company shall not be liable for any consequential, special or consequential damages of the Client, even if we have been advised of the possibility of such damages or if they arise due to negligence.
6.14. The liability of the Company for any claims related to the use of the Services cannot exceed the total amount of the acquisition of the Data.
6.15. To the extent permitted by law, we provide the Company's materials and Services "as is". This means that we make no warranties of any kind, including but not limited to warranties of merchantability and fitness for a particular purpose.
6.16. The Client acknowledges and declares that the availability and quality of the Site and the content provided through the Site are largely dependent on the quality of the services provided by the relevant Internet Service Provider and that the Company shall not be liable for any problems arising from such quality of service, they are aware that the operation of the Site is not error-free and failures and blocking of access may occur from time to time.
6.17. The Client acknowledges that the Company does not guarantee the absence of viruses, worms, or any other attacks and unauthorized access to the Site, and the Company is not obliged to provide support, maintenance, updates, or new versions regarding the software.
6.18. THE COMPANY IS NOT RESPONSIBLE FOR THE CONSEQUENCES CAUSED BY THE ACTIONS OF HACKERS, CRIMINAL MODIFICATION OF THE SOFTWARE, AS WELL AS OTHER TYPES OF UNAUTHORIZED ACCESS AND USE OF THE SERVICES.
7. CONSENT OF THE CLIENT
7.1. The Client provides his Consent to :
7.1.1. comply with the terms of the Terms of Use;
7.1.2. not use the Data in an unlawful manner.
7.2. The Client confirms that he has reached the age of eighteen and does not use the Services for illegal purposes.
8. APPLICABLE RIGHT
8.1. All relationships between the Company and the Client arising from the fulfillment of the terms of these Terms of Use and the use of the Services are governed by the legislation of the Republic of Estonia.
8.2. All disputes arising from the relationship between the Company and the Client will be resolved through litigation in the courts of the Republic of Estonia, in accordance with the procedural legislation of the Republic of Estonia.
9. VALIDITY
9.1. The conditions of the Terms of Use are valid for the duration of the use of the Services by the Client. In the event of termination of the use of the Services and termination of the relationship between the parties, the conditions of the Terms of Use cease to apply.
9.2. The Company has the right to terminate relations with the Client unilaterally, in case of non-compliance by the Client with the conditions of the Terms of Use.
10. ALTERATION
10.1. The Company informs the Clients about changes to the Terms of Use by posting news on the Site. Leadata updates the date of changes to the current version of the Terms of Use in the "Updated" line.
10.2. The Client is obliged to familiarize himself with the new terms of the Terms of Use, and the Company is not responsible if the Client is not familiar with the new terms of the Terms of Use.
10.3. Our electronic or otherwise retained copies of the Terms of Use shall be deemed to be the present, complete, valid, and enforceable versions of these Terms of Use in effect at the time of your visit to the Site. If the Client uses the Services after the date of updating the Terms of Use, we may assume that the Client has read the new version of the Terms of Use and agrees to the terms of the Services.
11. CONTACTS
11.1. The Company informs the Clients about changes to the Terms of Use by posting news on the Site. Leadata updates the date of changes to the current version of the Terms of Use in the "Updated" line.
11.2. The Client is obliged to familiarize himself with the new terms of the Terms of Use, and the Company is not responsible if the Client is not familiar with the new terms of the Terms of Use.
11.3. Our electronic or otherwise retained copies of the Terms of Use shall be deemed to be the present, complete, valid, and enforceable versions of these Terms of Use in effect at the time of your visit to the Site. If the Client uses the Services after the date of updating the Terms of Use, we may assume that the Client has read the new version of the Terms of Use and agrees to the terms of the Services.
